Draft or Revise Discovery Documents - Next Generation Bar Exam
- Under FRCP 34, what may a request for production seek?
- Documents, electronically stored information, or tangible things in the responding party's possession, custody, or control. It may also seek entry onto land for inspection.
- Under FRCP 34(b)(1), how must a request for production describe the items sought?
- With reasonable particularity. The request must also specify a reasonable time, place, and manner for inspection.
- Under FRCP 30(a)(2), how many depositions may each side take without leave or stipulation?
- 10. Leave is also required to depose a person a second time.
- A draft interrogatory asks the opposing party to 'state every fact about anything relating to this lawsuit.' What is the defect?
- It is overbroad and not proportional to the needs of the case. Discovery requests should be tailored to specific claims or defenses.
- A party wishes to obtain documents from a nonparty witness. What discovery device should be used?
- A subpoena under FRCP 45. Requests for production under FRCP 34 may be served only on parties.
- Under FRCP 30(d)(1), what is the presumptive time limit for a deposition?
- One day of seven hours. The court must allow more time if needed for a fair examination.
- Under FRCP 33(b)(2), within what time must a party answer interrogatories?
- 30 days after being served. The parties may stipulate to, or the court may order, a different time.
- A client wants to establish the authenticity of a contract before trial to avoid calling a witness. What discovery device is best suited?
- A request for admission under FRCP 36. Requests for admission may ask a party to admit the genuineness of described documents.
- Under FRCP 34(b)(2)(C), what must an objection to a request for production state?
- Whether any responsive materials are being withheld on the basis of that objection. Boilerplate objections without this statement are improper.
- Under FRCP 30(b)(6), how must a party name an organization as a deponent?
- By describing with reasonable particularity the matters for examination. The organization must then designate persons to testify on its behalf about information reasonably available to it.